CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The DGAC of France has issued AD F-2005-013 affecting Airbus A320 series aircraft. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A320/166, which will become effective on 28 January 2005.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, is fundamental legislation governing the regulation and oversight of civil aviation activities within Australia. This Act was introduced to ensure that air navigation is conducted safely, and it empowers the Governor-General to make regulations, such as those concerning airworthiness directives (ADs), for the protection of public safety. Under the Act, the Civil Aviation Safety Regulations 1998 further delineate the regulatory framework for aviation safety, allowing the Civil Aviation Safety Authority (CASA) to issue ADs that are crucial for maintaining the continuing airworthiness of aircraft and aeronautical products. These ADs are legislative instruments subject to disallowance and are made in accordance with Australia's international obligations, particularly those under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Regulations 1998, under the Civil Aviation Act 1988, provide the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Regulation 39.001 of these regulations empowers CASA to issue ADs for types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments under the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry. For instance, when the French Directorate General for Civil Aviation issues an AD concerning Airbus A320 series aircraft, CASA evaluates and, if necessary, issues a corresponding Australian AD to comply with international obligations under the Convention on International Civil Aviation. This particular AD, issued in response to an international directive, did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The AD was issued by CASA, under the authority granted by subsection 84A(2) of the Act.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 establish the framework for issuing airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for air safety, and regulation 39.001 of the Civil Aviation Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that ADs are legislative instruments under the Legislative Instruments Act 2003, subject to disallowance provisions in the Acts Interpretation Act 1901.
The obligations imposed by the Act and the Regulations are centred around ensuring the safety and continuing airworthiness of aircraft. Under these provisions, the State of Design, which is responsible for the type design of the aircraft, must provide necessary information to maintain airworthiness. The State of Registry, which is the country responsible for the individual aircraft, must develop or adopt requirements to ensure the aircraft's continuing airworthiness. CASA, as Australia's national airworthiness authority, has the obligation to assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce those requirements.
Breaching the requirements set forth in ADs can have significant consequences. The Civil Aviation Act 1988 and Civil Aviation Regulations 1998 provide for various offences, penalties, and civil or criminal consequences for non-compliance. While the specific penalties are not detailed in this excerpt, general aviation regulations typically include substantial fines and potential imprisonment for serious violations. Non-compliance with ADs can also result in the grounding of aircraft, which has severe operational and financial implications for airlines and other entities involved.
The issuance of AD F-2005-013 by the DGAC of France, and the subsequent Australian AD/A320/166 issued by CASA, exemplifies the process and obligations outlined in the legislation. As this AD was issued due to international obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation was required. Additionally, the Office of Regulatory Review determined that such ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with the Act.